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  • Amguard Insurance Company v. Kerkela

    Publication Date: 2018-04-23
    Practice Area: Administrative Law | Civil Procedure | Labor Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alfred Quillian (Scrudder, Bass, Quillian, Horlock, Taylor & Lazar), Atlanta, for appellant.
    for defendant: Ronald Conner (Morgan & Morgan PA), Atlanta, for appellee. Jorge Flores (The Law Office of Jorge Luis Flores, LLC), Conyers; Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A17A1498

    Trial Court Erred in Reinterpreting Factual Findings of Workers' Compensation Board

  • Delpiano v. JPMorgan Chase Bank, N. A.

    Publication Date: 2018-04-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Alembik (Richard S. Alembik P.C.), Decatur, for appellant.
    for defendant: Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta, for appellee. Cynthia Smith (United States Attorneys Office), Atlanta, for other party.
    Case Number: A17A2039

    One Defendant's Admissions by Default Were Not Binding on Another Defendant Who Denied Plaintiff's Allegations

  • Georgia Casualty & Surety Company v. Valley Wood, Inc.

    Publication Date: 2018-04-19
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jerry Buchanan, Shannon Land (Buchanan & Land, LLP), Columbus; Patrick Fagan, Naveen Ramachandrappa, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Neal Callahan, David Helmick, Clarence Mullin (Waldrep, Mullin & Callahan), Columbus, for appellee.
    Case Number: A17A2093

    In an insurance coverage case, the trial court exceeded its authority under the Declaratory Judgment Act by issuing a coercive declaratory judgment so the Court of Appeals vacated the order and remanded the case with direction.

  • Tanner Medical Center, Inc. d/b/a Tanner Medical Center - Villa Rica et al. v. Vest Newnan, LLC d/b/a Newnan Behavioral Hospital et al.

    Publication Date: 2018-04-17
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kathlynn Polvino (KBP Law PC.), Atlanta; Robert Rozier (Baker & Hostetler LLP), Atlanta; Lawrence Myers, Lawrence Myers (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Marc Peterzell (Arnall, Golden, Gregory), Atlanta, for appellee. Georgia Department of Community Health (Office of General Counsel), Atlanta; Christopher Carr (Attorney General), Atlanta, Daniel Walsh (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A17A2125

    The trial court erred in denying appellants' motion for attorney fees in a certificate-of-need case, as they were the "prevailing parties" and entitled to fees under O.C.G.A. § 31-6-44.1 (c).

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • Law Journal Press | Digital Book

    Lawyer’s Handbook: Ethics Compliance and Claim Avoidance, The

    Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.

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  • Employees Retirement System Of Georgia v. Pendergrass

    Publication Date: 2018-04-13
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Banks (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Marion Stokes, Jordan Chrietzberg (Stokes Carmichael & Ernst LLP), Atlanta, for appellant.
    for defendant: Susan Pendergrass, Auburn, for appellee.
    Case Number: A17A2123

    Georgia Court Had Personal Jurisdiction Over Non-Resident Who Wrongfully Accepted Retirement Benefits After His Mother Died

  • Southeastern Pain Specialists, P.C. v. Brown et al.

    Publication Date: 2018-04-11
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: William Curtis Anderson (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: James Nicholas Sadd, Daniel Marshall Epstein, Edward Malcum Wynn III (Slappey & Sadd LLC), Atlanta; John E. Hall Jr., Nichole Lee Hair (Hall Booth Smith P.C.), Atlanta; Frank Mitchell Lowrey IV, Robert Lawrence Ashe III (Bondurant, Mixson & Elmore, LLP), Atlanta; David Frank Root (Carlock, Copeland & Stair, LLP), Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: S17G0732

    The Court of Appeals erred in finding that an ordinary negligence instruction was authorized by evidence that a doctor defendant responded inadequately to medical data provided by certain medical equipment during a medical procedure and thus erred in affirming a nearly $22 million award following the trial court's erroneous jury instruction on ordinary negligence.

  • MacDowell v. Gallant et al.

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Curtis Thurston (Attorney at Law), Atlanta, for appellant.
    for defendant: Alexandra Higgins (Attorney at Law), Peachtree Corners, for appellee.
    Case Number: A17A1864

    Time For Filing Dental Malpractice Action Remained Tolled After Patient Consulted Second Dentist Who Had Provided Services to Patient Jointly With Defendant

  • Peterson v. Peterson

    Publication Date: 2018-04-09
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
    for defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
    Case Number: S17A1488

    The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.

  • Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action